Justices Chris Jafta and Bess Nkabinde were the main plaintiffs and upheld the court`s appeal. Six years later, while the misconduct investigation against Hlophe was ongoing, Jafta and Nkabinde filed a legal challenge to the court`s jurisdiction, claiming their own complaint was not legally valid. [8] Commentators criticized the “cowardice” of Jafta and Nkabinde, which had brought the Constitutional Court into disrepute. [9] The judges then stated that they were merely respecting the Constitution. [10] The High Court rejected the judges` request on September 26, 2014,[11] but they appealed. [12] The Supreme Court of Appeal rejected this appeal in March 2016, criticizing Jafta and Nkabinde`s prejudicial claim, suggesting that the case raised questions about their “integrity.” [13] On 6. In April 2016, Jafta and Nkabinde appealed to the Constitutional Court – their own court – asking it to overturn the Supreme Court of Appeal`s decision. [14] They did so in part because the FCC had made “offensive” insinuations about them. The Constitutional Court had already ruled in 2012 that it could not hear appeals in the Hlophe case and that a SCA ruling was final.
[15] The Tribunal does not hear evidence or examine witnesses. It does not directly decide whether the accused is guilty or whether an injured party should be awarded damages. These are matters for the ordinary courts. Its task is to determine the meaning of the Constitution with regard to contentious issues. One consequence of this situation is that the court works largely with written arguments presented to it by the parties. The purpose of the hearing of the Court is to deal with the particularly difficult issues raised by the written observations of the parties. Announcing Zondo`s appointment as Chief Justice, Ramaphosa noted: The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa and is the highest court in the South African judicial system with general jurisdiction. With the imminent fall of apartheid, the progressive-minded Corbett finally secured the position of Chief Justice in 1989.
Although appointed by the National Party government, Corbett was generally very popular with members of the new African National Congress (ANC) government in South Africa and, after retiring in 1996, hosted an official state banquet at which President Mandela paid tribute to the “passion for justice”. the Chief Justice`s “sensitivity to racial discrimination,” “intellectual rigour” and “clarity of thought.” [3] The Constitutional Court has a special responsibility towards parliament and state legislators. In the event of a challenge in Parliament or the Landtag to the constitutionality or otherwise of a law passed and adopted, one third of the members of the body concerned may apply to the Constitutional Court for a ruling on it. Similarly, the president or chief minister of a province may refer a bill to the Court for a ruling on its constitutionality before approving the bill. I think in a country like ours, a chief justice should be someone of integrity who can demonstrate intellectual leadership, who has a proven track record as a judge, who is able to work with people and who is able to appreciate the contributions of other leaders on the bench. Mogoeng was invited by his fellow judge to serve as a member of the five-member committee headed by then-Chief Justice Pius Langa. The Committee examined racial and gender discrimination in the judiciary and proposed the necessary remedial measures. In interpreting the Constitution, the Court must take into account international human rights standards and may take into account the law of other democratic countries. [6] Since the adoption of the Law on Supreme Courts, the Constitutional Court has been competent for all matters where it is in the interests of justice.
Also noteworthy is how Zendo handled Zuma`s contempt for the Constitutional Court trial. This led to the verdict that led to the imprisonment of the former president. They appealed their dismissal to the Labour Court of Appeal. Zondo, who agreed with acting appellate judge Mogoeng Mogoeng – ironically Zondo`s predecessor as chief justice – concluded that the employer was obliged to give the strikers a hearing to decide on their dismissal. In addition, the right to be heard should be before an ultimatum to return to work or dismissal is issued, not after. In accordance with article 176, paragraph 1, of the Constitution, judges of the Constitutional Tribunal are in office for a non-renewable term of 12 years or until the age of 70, whichever is earlier; however, these limits may be extended by an Act of Parliament. Article 4 of the Remuneration and Employment of Judges Act No. 47 of 2001 increased the term of office to 15 years, including previous terms in other courts.